Judge Debra Moses Stephens
Individual Rules, Standing Orders & Policies
Limits & Logistics
Courtesy Copies
Proposed Order
E Filed Document
Court-wideJoint Pretrial Statement
Court-wideMotion, Notice of Hearing
Court-wide
Communication
Chambers
Phone
Chambers
Clerk
Chambers
Phone
Court-widePhone
Court-wideClerk
Phone
Court-wideDuty Judge
Document Format Requirements2 rules
Please use 1-inch margins and 12 point font on all your Orders.
- Font size
- 12 points
- Margins
- 1 inch
Using Macros, columns, or paragraph tabs is not compatible with the OLS system. Orders with excessive formatting issues must be returned to you for corrections.
Document Filing Requirements22 rules
If a party wants to bring a filing to the Court’s attention, it is the responsibility of that party to upload a proposed order (if appropriate under Divisional Instructions), set a hearing, or otherwise notify the Court.
- Document
- Filing
Include
- •Proposed order
Prior to seeking a ruling from the Court, the movant shall simultaneously file a “Request for Court to Adjudicate Motion Based on Written Submissions,”
If a moving party seeks a ruling on the papers, the movant must file and serve its motion and supporting materials on the opposing party.
Such motions must cite to and strictly comply with the requirements of the applicable rule(s), and the factual grounds and applicable law shall be stated specifically and with particularity.
Any non-moving party wishing for the Court to consider its response before ruling shall immediately notify the Court.
Unless otherwise directed, the prevailing party shall provide the Court with a written order memorializing the Court’s ruling, through online scheduling (OLS/proposed order submission), within forty-eight (48) hours of the hearing.
- Document
- Written order
Must include
- •Proposed order
DivisionRH@pbcgov.org, and upload a proposed order directing the opposing party to respond within ten (10) days (“Order Directing Response”).
The cover letter shall indicate whether the opposing party is submitting a competing order, along with any other pertinent information of which the Judge should be advised.
Upon expiration of the 10-day response deadline, and no later than 15 days after issuance of the Order Directing Response, the movant shall upload a proposed order through online scheduling with the following attached: the motion, applicable case law (bookmarked and highlighted); the response in opposition, if any; and a cover letter with copy to all counsel of record and pro se parties.
If it is determined that a hearing is necessary, the movant will be directed to schedule a hearing and file the appropriate notice.
A motion seeking relief under this Rule must include a specific explanation, supported by facts, demonstrating how complying with the discovery request would cause annoyance, embarrassment, oppression, or undue burden or cost.
A party objecting on any of these grounds must explain the specific and particular way in which a request is vague, seeks irrelevant information or is unduly burdensome.
Hence, unless all unobjectionable materials are being produced contemporaneously with the written response, the response must specify a date by which production will be completed; the respondent may adopt the date proposed in the request or may propose its own reasonable time, after consultation with opposing counsel.
A privilege objection must identify the privilege and describe the communication's nature and subject matter, its sender and recipient, and their relationship.
Court's wording
The Rules require that objections based upon privilege identify the specific nature of the privilege being asserted, as well as, inter alia, the nature and subject matter of the communication at issue and the sender and receiver of the communication and their relationship to each other.
If a party believes that a request or a term is vague, the party shall state the objections in writing and that party shall then attempt to obtain clarification from opposing counsel.
The proper practice is to state (1) whether documents are being provided in response to the request and identify those documents by sequential number or category, and (2) whether any responsive documents are being withheld, and if so the specific legal basis for that objection.
An objection that a discovery request is not reasonably calculated to lead to admissible evidence will be overruled by this Court unless the objection states its basis.
Division FS:Stalking Injunctions – all motions must be filed with the Domestic Violence Clerk
Please do not upload a proposed order unless: It is agreed. (Order should be titled : Order on Agreed Motion to …), or The hearing has already occurred, or It is proper to be considered ex parte
After settlement, the plaintiff should file a voluntary dismissal or settlement-stipulation order requesting approval and case closure, then cancel the hearing after the order is uploaded to the queue.
Court's wording
If your case has settled, the Plaintiff should file a Voluntary Dismissal or an Order on the Stipulation for Settlement requesting the Court's approval of the Stipulation and closing the case. You are then required to cancel the upcoming hearing. The cancellation cannot take place unless the order has been uploaded and can be seen in the queue.
NOTICES OF CANCELLATION will only be accepted if the issue has been resolved or the case has been closed. This should be indicated in the Notice of Cancellation.
All parties are hereby placed on notice that non-evidentiary motions are subject to the Court ruling on the papers, unless otherwise provided by law.
Filing & Service rules
Electronic Filing Rules
An untimely response not provided to the Court through e-courtesy may be deemed waived.
Any response that is not timely filed and provided to the Court through e-courtesy may be deemed waived.
Civil cases
Page 2 | III. MOTION PRACTICE
All motions and responses in opposition set for hearing must be filed and uploaded through e-courtesy at least three days before the hearing.
All motions and responses in opposition to a motion set for hearing must be filed and uploaded through e-courtesy at least three (3) days prior to the hearing.
Civil cases
Page 2 | III. MOTION PRACTICE
Filing Timing and Cure Windows
After the Court issues its order, the opposing party has ten days to file an opposition to the motion.
Upon the Court’s issuance of the Order Directing Response, the opposing party shall have ten (10) days to file their response in opposition to the motion.
Civil cases
Page 3 | III. MOTION PRACTICE
Criminal motions and orders must be uploaded four days before the hearing, except emergency motions, while the clerk has 72 hours to file orders.
All motions and their orders must be uploaded to the queue four days before the hearing on the case. This allows the clerk to process your order. Please remember the Clerk gets 72 hours to file your orders. This does not include Emergency Motions.
Page 1 | Criminal Divisions
Criminal matters ordinarily require in-person appearances, and any Zoom appearance requires a motion filed four business days before the hearing.
All Criminal cases are in person. Appearances by Zoom require your attorney to file a motion 4 business days before the hearing, (This does not include the weekends.).
Page 1 | Criminal Divisions
The Court may rule without further notice or hearing at any time after 15 days have elapsed from issuance of the response order.
The Court may, at any time after 15 days after issuance of the Order Directing Response, rule without further notice or hearing.
Civil cases
Page 3 | III. MOTION PRACTICE
A motion may be denied as abandoned if it remains unset for a hearing for five days after filing.
Motions are considered ABANDONED when they have been filed for 5 days but have not been set for a hearing. These motions may be DENIED.
Page 1 | County Civil and Small Claims
Orders entered after a hearing should be uploaded to the divisional queue within 48 hours.
ORDERS AFTER A HEARING – These should be uploaded to the court within 48 hours of the hearing, though the divisional queue.
Page 1 | County Civil and Small Claims
Service and Proof of Service Rules
Plaintiffs must serve all defendants with a copy of the DCM/trial order together with the complaint and summons.
Plaintiffs are required to serve a copy of the DCM/trial order on all defendants with the complaint and summons.
Civil cases
Page 1 | II. DIFFERENTIATED CASE MANAGEMENT (DCM)
A non-moving party seeking consideration of its response must upload a courtesy response through e-courtesy within 10 days after service when the response is tied to a hearing date.
Further, such party must file and upload, within ten (10) days of service of the motion, a courtesy copy of its response through e-courtesy (when tied to a hearing date) or, if no hearing date, via email to CAD-DivisionRH@pbcgov.org.
Civil cases
Page 2 | III. MOTION PRACTICE
All parties must be copied on communications with the Court, including scheduling requests, proposed orders uploaded through OLS, and cover letters, at every email address designated in the appearance or email-designation forms.
All parties must be copied on all communications with the Court, to all email addresses designated in the notice of appearance(s) and email designation form(s), including scheduling requests, proposed orders uploaded through OLS, and cover letters.
Civil cases
Page 3 | IV. COMMUNICATIONS WITH THE COURT
Supporting materials and relevant case law may not be sent to the court by email; a printed copy must be mailed or hand-delivered to the court and simultaneously sent to the opposing party.
You may not send this material by email. You can mail or hand deliver a printed copy of your material and relevant case law to the Court and simultaneously send it to the opposing party. Do not wait until the last minute to send your paperwork.
Page 1 | County Civil and Small Claims
Courtesy Copy Requirements
A non-moving party may request adjudication on the written submissions, send an email courtesy copy to the specified Chambers address, and upload a proposed order with the stated attachments.
A non-moving party seeking a ruling on the papers may also file a “Request for Court to Adjudicate Motion Based on Written Submissions,” send a courtesy copy to CAD-DivisionRH@pbcgov.org, and upload proposed order on the motion with the attachments specified above.
Civil cases
Page 3 | III. MOTION PRACTICE
Pre-Motion Conference Requirements
A motion requiring an evidentiary hearing cannot be decided without holding that hearing.
No motions requiring an evidentiary hearing will be determined without a hearing.
Civil cases
Page 3 | III. MOTION PRACTICE
A criminal Zoom appearance is permitted only after conferring with the Assistant State Attorney, confirming hearing duration, and obtaining a court order.
You may not appear by Zoom unless you have: Conferred with the Assistant State Attorney, Pam Ford: (561/624-6632) (pford@sa15.org), and Confirmed the length of time for the hearing, and You have received an order from this Court.
Page 1 | Criminal Divisions
Adjournment & Extension Requirements
Notices of unavailability may not be filed; a continuance requires a motion for continuance and a scheduled hearing.
Please do not file NOTICES OF UNAVAILABILITY. If you need a continuance, please file a Motion for Continuance with the court and schedule a hearing.
Page 1 | County Civil and Small Claims
Chambers Communication Rules
The Court will not grant a hearing through a telephone call to the judicial assistant or ex parte communication with the judge.
The Court will not grant a hearing by calling the Judicial Assistant and attempting ex parte communication with the judge.
Page 1 | Criminal Divisions
Defendants may not telephone the office and must communicate in writing, with a copy sent to the Assistant State Attorney.
If you are the Defendant, you may not call this office at any time. All communication between this office and any Defendant must be in writing, and a copy must be sent to the Assistant State Attorney Pamela Ann Ford 561-624-6632 (pford@sa15.org).
Page 1 | Criminal Divisions
Civil division hearings must be scheduled by telephone with the judicial assistant, and resolved cases require prompt cancellation with court permission.
Please call my Judicial Assistant to schedule all hearings in this division. There is no online scheduling in this division because we have limited time in each week to hear these cases. Therefore the court arranges the hearing time and a prompt cancellation with the Court's permission is required if the case has resolved.
Page 1 | County Civil and Small Claims
Calendar call case management is conducted by Zoom.
Calendar Call Case Management is held by ZOOM. (See the link above.)
Page 1 | County Civil and Small Claims
Civil motion hearings are set within 30 days unless a party requests a date outside that period.
THIS COURT SETS ALL MOTION HEARINGS WITHIN 30 DAYS.. However, you may request a date outside of that time frame.
Page 1 | County Civil and Small Claims
The judicial assistant schedules all hearings, generally within 30 days, and requests may be made for later dates.
All hearings are set by calling the judicial assistant. This division provides hearings within 30 days. If you wish to go beyond 30 days it will be at your request.
Page 1 | FS, RH NC/H Divisional Instructions
Case-management conferences must be scheduled with the judicial assistant, and counsel should contact the opposing party to confirm availability before accepting the date.
If you require a Case Management Conference please call the Judicial Assistant and schedule it. Time is set aside each week for these conferences. Please be prepared to accept these dates by contacting the opposing party to be sure they are available.
Page 1 | County Civil and Small Claims